Mandatory submission of election expenses within the prescribed time and the expectation of vigilance and due care from candidates in securing the record of expenditure.

JUDGMENT

Lisa Gill, J. - Prayer in this writ petition is for setting aside order dated 18.05.2022 (Annexure P5) passed by the Principal Secretary, Election Commission of India whereby petitioner has been declared to be disqualified for being chosen as and for being a member of either House of the Parliament or Legislative Assembly or Legislative Council of the State or Union Territory for a period of three years from the date of order in terms of Section 10A of The Representation of the People Act, 1951 (hereinafter referred to as an 'Act').

2. It is submitted that petitioner, who is a resident of District Hisar contested the General Election for Legislative Assembly, Hisar - 52 held in the year 2019. Elections were held and result declared on 24.10.2019.

3. Admittedly, petitioner did not submit details of the expenditure incurred by him in terms of Section 77 of the Act. It is submitted that the concerned register related to the expenditure incurred by the petitioner alongwith original bills of expenditure, pass book relating to the account held by the petitioner of the Union Bank, Aadhar card, voter card, photographs and photocopies alongwith other documents were somehow lost on 14.11.2019. In this respect, petitioner is stated to have lodged a Lost Property Report with Police Station Hisar Civil Lines on 14.11.2019. It is further stated that petitioner immediately on 19.11.2019 itself filed an application before the District Election Officer, Hisar for non-submission of election related expenses due to the documents being lost.

4. Notice dated 10.09.2020 (Annexure P3) was issued to the respondent seeking response as to why he should not be disqualified for nonsubmission of account details. Reply dated 27.10.2020 is stated to have been submitted by the petitioner in response to notice dated 10.09.2020. Impugned order dated 18.05.2022 was passed holding the petitioner to be disqualified in terms of Section 10A of the Act on the ground that no good reason or justification for failure to furnish the details of the expenses was set forth by the petitioner. Aggrieved therefrom, present writ petition has been filed.

5. Leaned counsel for the petitioner vehemently argues that once it was intimated by petitioner that record relating to the expenditure alongwith original bills etc. were lost and police report had been duly lodged in this respect, impugned order has been incorrectly passed in a totally unjustified manner. It is further contended that the petitioner had duly applied before the District Election Officer, Hisar for non submission of the election related expenses while giving cogent reason for the same. In this respect, issuance of notice dated 10.09.2020 after such a long period, is itself unjustified. Furthermore, it is vehemently argued that there is no discussion whatsoever regarding reason set forth by the petitioner for non-submission of the details of the expenses incurred by him during election. Learned counsel for the petitioner further argues in the alternate that there are sufficient grounds for reducing the period of disqualification under Section 11 of the Act. It is, thus, prayed that this petition be allowed.

Heard learned counsel and have gone through the file.

6. It is a matter of record that petitioner having contested the General Elections for legislative Assembly, Hisar - 52 in the year 2019, did not submit the account of election expenses incurred by him. At this stage, it is relevant to refer to Sections 77 and 78 of the Act, which read as under:-

'77. Account of election expenses and maximum thereof.- (1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive.

(2) The account shall contain such particulars, as may be prescri